Savannah morning news. [volume] (Savannah) 1868-1887, 1887-02-15
HIGGlNBoTHAM's TRIAL.
Substance of the Testimony on
Which He Was Convicted.

BRUNSWICK, GA, Feb. 14.-F. 5. Hig-
ginbotham, who for the preceding two
days bad been on trial under an tndict-
ment for the murder of John Clancy,
was Saturday night by the verdict OF the
jury adjudged guilty Of voluntary man
slaughter.
On Jan. IT the yacht Viva, belonging to
P. Lorillard, visited Brunswick. John
Clancy was the fireman on the yacht.
That night he came ashore to have little
tun, became somewhat intoxicated, ana
finally became involved in an altercation
with II. 5. Hfgg botham, which resulted
In his being shot and he died few days
atterward. HigginDotham, being police
man (although not on duty at the time OF
The shooting), was arrested, and hear
ing was had before the Mayor,
who rendered decision that
he was not guilty of disorderly conduct
and discharged him from custody. Upon
the death of Clancy an inquest was held
and the Coroner's jury, differing some-
what from the Mayor, brought in YER
dict OF voluntary manslaughIer. He was
then rearrested and placed under bond to
appear before the Superior Court. On
Feb. the Superior Court met pursuant
to adjournment, and among other true
bills returned by the grand jury was one
| charging F.db. Htgginbotham with mur-
der On FRIDAY, Feb. IL, the case was
called and both sides announced ready.
Ex-Judge CORTLAND Symmes then re-
quested his name 10 be marked for the
prosecution. Upon being asked who ne
was employed by he answered the
County Commissioners, by direction Of
the grand jury. The defendants counsel
then dsmurred to the bill. on the ground
that the grana jury were a
preiudiced body. The foreman and other
members OF that body were then put on
the stand, and their evidence developed
that the resolution requesting that coun-
sci be employed was adopted the day
after the indictment was found, and was
the result OF conviction on the part OF
the grand jury that in such serious case
the Solicitor General should have assist
ance. The court overruled the demurrer
and the trial began at $3.50 in the after
noon. One hundred and seventy men had
to be summoned before a jury was OBJ
tanned. The main witnesses for the State
were two negroes, Jake Small and John
Anderson, and their testimony in sub
stance was as follows: That Clancy
wanted to get into house in a
portion OF the town Familiarity known
as "Hel's Half Acre." where some aDan-
doned negro women stopped. While
standing at the door (this was at mid
night or later) Higginbotham came out
of tue house and was addressed by de-
ceased to this effect: "Have you been
having a good time with the girls?' De-
fendant replied: "Isit any OF your busi-
nessr and applied to him an opprobrious
epitnet. Deceased then said; 'You must
not apply such an epitnet to u.s." De-
fendant repea ed the epithet. Higgin-
botham then drew his pistol and said {:
"Clear the way; I'm going to shoot" and
Notwithstanding the witnesse es
cried out Don't shoot the
man, he's drinking" the fatal
shot was fired. These witnesses were
subjected to rigid cross-examination,
but their testimony IN the main was not
shaken.
The defense had to rely mainly on tn .
statement OF Higginbotham, which was
to this effect: That he had gone to this
place to subpoena witnesses for the Po-
lice Court; that on stepping into the
street he was accosted by deceased, who
was there with others, and was then as
saulted by him with a knife, and his over
coat cut, and in order TO defend himsel
he had to shoot deceased. The coat was
introduced and had three gashes in it.
Other witnesses were sworn for both
sidee, but the main facts were as related
above.
The jury were out over an hour when
they rendered verdict of voluntary
manslaughter." This case has been the
all-absorbing topic for the past few days,
and the sentiment of the people is that the
jury did their duty.